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Practice notes

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Cite as: April 2012 86 (04) LIJ, p.64

FEDERAL COURT

Title of proceedings for relief against commonwealth tribunals

Practice Note CM 21

1. This practice note applies to any proceeding:

  • in which relief is claimed under s39B of the Judiciary Act 1903 or under s5 of the Administrative Decisions (Judicial Review) Act 1977 against the Administrative Appeals Tribunal in relation to decisions, actions or alleged errors or failures to act of a member or members of that tribunal; or
  • in which relief is claimed under s39B of the Judiciary Act 1903 against the Migration Review Tribunal or the Refugee Review Tribunal in relation to decisions, actions or alleged errors or failures to act of a member or members of the relevant tribunal; or
  • in which relief is claimed under s39B of the Judiciary Act 1903 or under s5 of the Administrative Decisions (Judicial Review) Act 1977 against the Superannuation Complaints Tribunal in relation to decisions, actions or alleged errors or failures to act of the chairperson or deputy chairperson of that tribunal, or of a member of the staff of that tribunal authorised under s59 of the Superannuation (Resolution of Complaints) Act 1993 to exercise the relevant powers.

2. In any such proceeding:

(a) against the Administrative Appeals Tribunal:

(i) each party bringing the application should be named as the first applicant, second applicant and so on respectively;

(ii) each of the other parties to the proceeding before the Administrative Appeals Tribunal should be named as the first respondent, second respondent and so on respectively;

(iii) the Administrative Appeals Tribunal should be named as the last respondent; and

(iv) the names of the president, presidential members, deputy presidents, senior members or members of the Administrative Appeals Tribunal should not appear in the title of the proceeding; or

(b) against the Migration Review Tribunal or Refugee Review Tribunal:

(i) each party bringing the application should be named as the first applicant, second applicant and so on respectively;

(ii) each of the other parties to the proceeding before the relevant tribunal should be named as the first respondent, second respondent and so on respectively;

(iii) the relevant tribunal should be named as the last respondent; and

(iv) the names of the principal member, deputy principal member, senior members or members of the relevant tribunal should not appear in the title of the proceeding; or

(c) against the Superannuation Complaints Tribunal:

(i) each party bringing the application should be named as the first applicant, second applicant and so on respectively;

(ii) the Superannuation Complaints Tribunal should be named as the first respondent;

(iii) each of the other parties to the proceeding before the Superannuation Complaints Tribunal (including a trustee, insurer, RSA provider, superannuation provider or other decision maker) should be named as the second respondent, third respondent and so on respectively; and

(iv) the names of the chairperson, deputy chairperson or member of the staff of that tribunal authorised under s59 of the Superannuation (Resolution of Complaints) Act 1993 to exercise the relevant powers should not appear in the title of the proceeding.

CHIEF JUSTICE PA KEANE, 17 February 2012

MAGISTRATES’ COURT

Civil Mediation Program

Practice Direction No 2 of 2012
Background

Practice Direction No 6 of 2007 created a mediation program for certain defended civil proceedings issued at the Court at Broadmeadows. Since then, the scope of the program has expanded. The Dispute Settlement Centre of Victoria provides the mediators. Since its inception, the program has used two mediators for each proceeding. This has worked well. However, it is proposed to see whether a single mediator will be as effective as two. The purpose of this practice direction is to establish a pilot within the overall program where certain civil proceedings are mediated by a single mediator.

Directions

1. From 3 February 2012, proceedings involving claims for damages arising out of motor vehicle accidents will be mediated by a single mediator in the following circumstances:

(a) the defendant or defendants admit negligence, leaving the extent of the plaintiff’s damages in dispute;

(b) the amount of damages claimed is less than $10,000; and

(c) the proceeding is issued out of the Court at Broadmeadows.

2. This practice direction commences on 6 February 2012 and will cease on 4 May 2012.

CHIEF MAGISTRATE IAN L GRAY, 6 FEBRUARY 2012

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